Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers, 29336-29526 [2011-10554]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Proposed Rules]
[Pages 29336-29526]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10554]



[[Page 29335]]

Vol. 76

Friday,

No. 98

May 20, 2011

Part II





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 65, 119, 121 et al.



Qualification, Service, and Use of Crewmembers and Aircraft 
Dispatchers; Proposed Rule

Federal Register / Vol. 76 , No. 98 / Friday, May 20, 2011 / Proposed 
Rules

[[Page 29336]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 65, 119, 121, 135, 142

[Docket No. FAA-2008-0677; Notice No. 08-07A]
RIN 2120-AJ00


Qualification, Service, and Use of Crewmembers and Aircraft 
Dispatchers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: On January 12, 2009, the FAA published a notice of proposed 
rulemaking on qualification, service, and use of crewmembers and 
aircraft dispatchers. Because of the complexity of the issues and the 
concerns raised by commenters, the FAA is issuing this supplemental 
notice of proposed rulemaking. The FAA proposes to amend the 
regulations for crewmember and aircraft dispatcher training programs in 
domestic, flag, and supplemental operations. The proposed regulations 
enhance traditional training programs by requiring the use of flight 
simulation training devices for flightcrew members and including 
additional training and evaluation requirements for all crewmembers and 
aircraft dispatchers in areas that are critical to safety. The proposal 
also reorganizes and revises the qualification, training, and 
evaluation requirements. The proposed changes are intended to 
contribute significantly to reducing aviation accidents.

DATES: Send your comments on or before July 19, 2011.

ADDRESSES: You may send comments identified by Docket Number FAA-2008-
0677 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S. 
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket 
Operations in Room W12-140 of the West Building Ground Floor at 1200 
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at 202-493-2251.

    For more information on the rulemaking process, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Privacy: We will post all comments we receive, without change, to 
https://www.regulations.gov, including any personal information you 
provide. Using the search function of the docket Web site, anyone can 
find and read the electronic form of all comments received into any of 
our dockets, including the name of the individual sending the comment 
(or signing the comment for an association, business, labor union, 
etc.). You may review DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78) or you 
may visit https://DocketsInfo.dot.gov.
    Docket: To read background documents or comments received, go to 
https://www.regulations.gov at any time and follow the online 
instructions for accessing the docket or Docket Operations in Room W12-
140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: For flightcrew member information 
contact James K. Sheppard, e-mail: james.k.sheppard@faa.gov; for flight 
attendant information contact Nancy Lauck Claussen, e-mail: 
Nancy.l.Claussen@faa.gov; and for aircraft dispatcher information 
contact Leo D. Hollis, e-mail: Leo.d.Hollis@faa.gov; Air Transportation 
Division (AFS-200), Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone (202) 267-8166. For legal questions, contact Anne Bechdolt, 
Office of Chief Counsel (AGC-200), Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; e-mail: 
Anne.Bechdolt@faa.gov; telephone 202-267-3073.

SUPPLEMENTARY INFORMATION: Later in this preamble under the Additional 
Information section, we discuss how you can comment on this proposal 
and how we will handle your comments. Included in this discussion is 
related information about the docket, privacy, and the handling of 
proprietary or confidential business information. We also discuss how 
you can get a copy of this proposal and related rulemaking documents.

Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is found in 
Title 49 of the United States Code. This rulemaking is promulgated 
under the authority described in 49 U.S.C. 44701(a)(5), which requires 
the Administrator to promulgate regulations and minimum standards for 
other practices, methods, and procedures necessary for safety in air 
commerce and national security. In addition, the Airline Safety and 
Federal Aviation Administration Extension Act of 2010 (Pub. L. 111-216) 
specifically directed the FAA to issue a final rule with respect to the 
Notice of Proposed Rulemaking published in the Federal Register on 
January 12, 2009 (74 FR 1280).

Table of Contents

I. Executive Summary
II. Background
    A. Summary of Notice of Proposed Rulemaking (NPRM)
    B. Summary of Comments
    C. Need for Supplemental Notice of Proposed Rulemaking (SNPRM)
    D. General Overview of SNPRM
    E. Basis for the Rulemaking
    F. Impact of SNPRM on AQP Operators
    G. Transition From Current Training Program Requirements 
(Sec. Sec.  121.1202 and 121.1402)
III. Discussion of Significant Issues in SNPRM
    A. Flightcrew Member Job Performance Training (Appendices Q and 
R)
    1. Job Performance Task Requirements and Definitions
    2. Pilot Monitoring Requirements (Sec.  121.1213)
    3. Frequency of Training and Evaluation for Recurrent Tasks
    4. Proposed Baseline and Minimum Programmed Hours (Sec.  
121.1335)
    5. Flight Simulation Training Device (FSTD) Requirements 
(Including Level of FSTD) (Sec.  121.1345, Table 3B of the Pilot and 
Flight Engineer QPS)
    B. Reduction in Programmed Hours and Modification of Training 
Program Based on Operation of Related Aircraft
    C. Require Certificated Aircraft Dispatchers for Supplemental 
Operations
    D. Establish Deviation Authority To Allow Contract Aircraft 
Dispatcher Services (Sec.  121.1411)
    E. Clarify Training Requirements for Other Operations Personnel 
(Sec.  121.1475)
    F. Requalification Requirements for Crewmembers and Aircraft 
Dispatchers
    1. Flightcrew Member Requalification (Sec.  121.1239)
    2. Flight Attendant Requalification (Sec.  121.1309)
    3. Aircraft Dispatcher Requalification (Sec.  121.1419)
IV. General Issues for Crewmembers and Aircraft Dispatchers
    A. Training Program: Approval and Amendment Process (Sec. Sec.  
121.1337 and 121.1437)
    B. Crewmember and Aircraft Dispatcher Manuals and Manual 
Procedures (Sec. Sec.  121.133, 121.134, 121.135, and 121.540)

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    C. Distance Learning
    D. Training Program: General--Crewmember Records (Sec. Sec.  
121.1331 and 121.1431)
    E. Training Program: Curriculum by Aircraft Type and Curriculum 
By Aircraft Type and Operation (Sec. Sec.  121.1333 and 121.1433)
    F. Training Program: Administering Training and Evaluation 
(Sec. Sec.  121.1341 and 121.1439)
    G. Continuous Analysis Process (CAP) (Sec. Sec.  121.1355 and 
121.1441)
    H. Fraud, Falsification, or Incorrect Statements (Sec.  121.9)
    I. English Language Requirement (Sec. Sec.  121.1209 and 
121.1407)
    J. Crewmember and Dispatcher Record (Sec. Sec.  121.683 and 
121.684)
    K. Management and Technical Personnel Required for Operations 
Conducted Under Part 121 of This Chapter (Sec.  119.65)
    L. Applicability (Sec. Sec.  121.1201 and 121.1401)
    M. Training Program: Contract Training Requirements (Sec.  
121.1339)
    N. Curriculum Category Requirements: Check Pilot, Check Flight 
Engineer, or Check Flight Attendant Initial, Transition, and 
Recurrent Academic Training (Sec.  121.1381)
    O. Training Program: Academic Evaluation (Sec.  121.1343)
    P. Training Program: Training Equipment Other Than Flight 
Simulation Training Devices (Sec.  121.1351)
    Q. Curriculum Category Requirements: Crewmember New Hire (Sec.  
121.1363)
    R. Initial Cadre for Crewmembers and Aircraft Dispatchers 
(Sec. Sec.  121.1257, 121.1323, and 121.1425)
    1. Check Airman Initial Cadre (Sec.  121.1257)
    2. Check Flight Attendant Initial Cadre (Sec.  121.1323)
    3. Check Dispatcher Initial Cadre (Sec.  121.1425)
V. Other Issues by Specialty
    A. Flightcrew Member
    B. Flight Attendant
    C. Aircraft Dispatcher
VI. Impact Statements

I. Executive Summary

    On January 12, 2009, the FAA published an NPRM addressing 
qualification, service, and use of crewmembers and aircraft dispatchers 
as part of the Administrator's Call to Action and FAA's continuing 
efforts to reduce fatal accidents in which human error was a major 
contributing cause. The proposed changes focused on reducing human 
error and improving performance among flightcrew members, flight 
attendants, and aircraft dispatchers.
    The NPRM proposed regulations to enhance traditional training 
programs by requiring the use of Flight Simulation Training Devices 
(FSTD) for flightcrew members and including additional training and 
evaluation requirements for all crewmembers and aircraft dispatchers in 
areas that are critical to safety. These areas included:
     Ensuring that flightcrew members are trained and evaluated 
in a complete flight crew environment;
     Requiring special hazard training for flightcrew members 
that addresses loss of control and controlled flight into terrain 
(CFIT); and
     Requiring additional training and practice in the use of 
crew resource management (CRM) skills.
    Further, flight attendants would be required to complete ``hands-
on'' performance drills using emergency equipment and procedures every 
12 months, training and experience requirements for check dispatchers 
and dispatcher instructors would be standardized and all certificate 
holders would be required to develop a continuous analysis process 
(CAP) to identify and correct deficiencies in their training programs.
    The FAA received approximately 150 comments in response to the NPRM 
(with approximately 3,000 pages of detailed comments). Many commenters 
asserted that the FAA understated the impact of the NPRM on air 
carriers conducting training under an approved Advanced Qualification 
Program (AQP) and underestimated the number of FSTD periods required to 
meet flightcrew member training and evaluation requirements.
    In response to these comments, the FAA developed a report to 
validate FAA cost estimates in the NPRM and SNPRM regarding: (1) The 
number of simulator sessions, hours, and tasks required to accomplish 
proposed flightcrew member training and evaluation requirements for 
both AQP and non-AQP air carriers; and (2) the minimal impact of the 
proposed rule on carriers training under an AQP in accordance with the 
provisions in part 121, subpart Y.\1\
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    \1\ ``Flightcrew Member Training and Qualification Review and 
Analysis Technical Report,'' April 5, 2010 (FAA Technical Report).
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    Building on the foundation set in the NPRM and review of the 
comments submitted, the FAA is issuing this SNPRM to address several 
key issues that were not addressed in the NPRM and to clarify several 
other issues raised in the comments. These issues include:
     Allowing modification of training program requirements for 
flightcrew members based on an air carrier's operation of aircraft with 
similar flight handling characteristics;
     Requiring certificated aircraft dispatchers for 
certificate holders conducting supplemental operations;
     Establishing deviation authority to allow contract 
aircraft dispatchers; and
     Establishing training requirements for other operations 
personnel (e.g., ground operations and management personnel).
    In addition, the Airline Safety and Federal Aviation Administration 
Extension Act of 2010 (Act) was enacted on August 1, 2010. See Public 
Law 111-216, Sec. Sec.  208, 209. Under the Act, Congress has directed 
the FAA to conduct rulemaking to ensure that all flightcrew members 
receive ground (academic) training and flight (job performance) 
training in the recognition and avoidance of stalls, and recovery from 
stall, and recognition and avoidance of upset of an aircraft, as well 
as the proper techniques to recover from upset. The Act also requires 
the development of remedial training programs for flightcrew members 
who have demonstrated performance deficiencies or experienced failures 
in the training environment.
    This SNPRM integrates these new requirements with the original NPRM 
and lays out a process by which significant safety benefits can be 
achieved. This SNPRM does this through a focus on the requirements of 
the Act, an effort to address or partially address 28 NTSB 
recommendations, and adjustments to the original NPRM based upon public 
comment.
    The result is a vision for enhanced certificate holder training 
that builds on the strengths in the current regulations and guidance 
and defines a path for making that training more effective. The key 
features of the SNPRM include:
     Enhancing training programs by requiring the use of flight 
simulation training devices (FSTD) for flight crewmembers;
     Addressing National Transportation Safety Board (NTSB) 
recommendations regarding crewmember training;
     Realigning the recurrent training and evaluation interval 
to 9 months for both pilots in command (PICs) and second in command 
(SICs) that results in an equivalent level of training for both. SICs 
would now receive twice the amount of FSTD time over a 36 month 
training cycle as they receive today;
     Focusing on the value of training and evaluation in a 
complete flightcrew environment through this realignment, which would 
increase the likelihood that PICs and SICs who need recurrent training 
would train together;
     Providing a clear definition of the tasks required to 
train and evaluate pilots in part 121 operations during the 36-month 
recurrent training cycle while maintaining flexibility for the 
certificate holder;

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     Clarifying the minimal impact on certificate holders 
training under an Advanced Qualification Program (AQP).
    The FAA estimated cost of this proposed rule over the 10-year 
analysis interval is $391.9 million, $199.1 million at a seven percent 
present value, and $290.3 million at a three percent present value. The 
estimated potential quantified safety benefits over the 10-year 
analysis interval is $445.1 million, $222.9 million at a seven percent 
present value, and $327.5 million at a three percent present value.
    The following table shows the benefit and cost results.
    [GRAPHIC] [TIFF OMITTED] TP20MY11.000
    
    In addition, the following tables show a comparison of crewmember 
and aircraft dispatcher training hours.

  Comparison of Current and Proposed Recurrent Job Performance Training Hours for PICs and SICs Over a 36-Month
                                                 Training Cycle
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                                                     Current rule                            SNPRM
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                                            PIC (hours)       SIC (hours)        PIC (hours)       SIC (hours)
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6 months...............................                 4                 4                  6                 6
12 months..............................                 4                ''
18 months..............................                 4                 4                  6                 6
24 months..............................                 4                ''                  6                 6
30 months..............................                 4                 4                  6                 6
36 months..............................                 4                ''   ................  ................
                                                       24                12                 24                24
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                                                                                                [GRAPHIC] [TIFF OMITTED] TP20MY11.001
                                                                                                

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II. Background

A. Summary of Notice of Proposed Rulemaking (NPRM)

    On January 12, 2009, the FAA published an NPRM (74 FR 1280), 
proposing to amend the regulations for crewmember and aircraft 
dispatcher training programs in domestic, flag, and supplemental 
operations. The primary purpose of the NPRM was to establish new 
requirements for traditional air carrier training programs to ensure 
that safety-critical training and evaluation is provided. The secondary 
purpose of the NPRM was to reorganize, simplify and recodify all rule 
language relating to crewmember and aircraft dispatcher qualification 
and training requirements in subparts N, O, and P of part 121, into 
subparts BB and CC of part 121. The proposed changes sought to make a 
significant contribution to the FAA's accident reduction goal by 
improving performance and reducing human error among flightcrew 
members, flight attendants, and aircraft dispatchers. These changes 
included:
     Training and evaluating flightcrew members in a complete 
flight crew environment;
     Requiring Line Oriented Flight Training (LOFT) to be 
administered to flightcrew members in a full flight simulator (FFS) 
during recurrent training;
     Requiring the use of qualified FSTD for training and 
evaluating flightcrew members;
     Requiring special hazard training for flightcrew members, 
such as loss of control and CFIT; and
     Requiring additional training and practice in the use of 
CRM skills;
     Requiring flight attendants to complete ``hands on'' 
performance drills every 12 months using emergency equipment and 
procedures;
     Requiring trained and qualified flight attendant ground 
instructors and evaluators;
     Standardizing the training and experience requirements for 
check dispatchers and dispatcher instructors;
     Implementing supervised operating experience (SOE) 
requirements for aircraft dispatchers;
     Establishing requalification training and evaluation for 
crewmembers and aircraft dispatchers;
     Requiring a CAP for certificate holders.
    In addition to these requirements, the FAA also proposed to 
reformat existing subparts N, O, and P, into subparts BB and CC. 
Subpart BB addresses the qualification standards and training and 
evaluation requirements for flightcrew members and flight attendants 
currently in subparts N, O, and P, as well as appendices E, F, and H. 
Subpart CC addresses the qualification standards and training and 
evaluation requirements for aircraft dispatchers and other operations 
personnel currently in subparts N and P. The FAA also proposed to 
establish four Qualification Performance Standards (QPS) Appendices: 
Pilots, appendix Q; Flight Engineers, appendix R; Flight Attendants, 
appendix S; and Aircraft Dispatchers, appendix T. These appendices 
contained the minimum training and evaluation standards as well as 
procedures for crewmembers and aircraft dispatchers to become qualified 
and maintain qualification. In each QPS appendix, the material was 
separated into two sections: ``QPS Requirements,'' which were 
regulatory and in addition to the requirements in part 121, and ``QPS 
Information,'' which contained advisory material and explained methods 
of compliance with the regulatory requirements of subparts BB and CC, 
as well as the QPS requirements sections.
    As proposed in the NPRM, each training program curriculum would 
consist of categories of training (referred to as curriculum categories 
in the SNPRM) related to the individual's level of qualification 
experience. These categories of training addressed first time 
qualification for a certificate holder, first time qualification in 
type, configuration differences within type or series, maintaining and 
regaining qualification, and changes in operation. These categories of 
training included new hire, initial, transition, conversion (full and 
core), upgrade (full and core), emergency, differences, recurrent, 
requalification, and special. For these curriculum categories, the NPRM 
established minimum programmed hours and specific task requirements for 
both academic and job performance training and evaluation. Academic 
training and evaluation, commonly referred to as ground training, 
provides students with the required knowledge and cognitive skills 
necessary to perform the tasks required for the crewmember duty 
position or training or evaluation duty position. This training may be 
completed in either a classroom setting or through distance 
learning.\2\ Job performance training and evaluation provides students 
with the practical, hands-on experience of integrating knowledge and 
skills and learning the related motor skills necessary to perform the 
job. The FAA also proposed revising manual requirements and requiring 
separate approvals of the flightcrew member, flight attendant, and 
aircraft dispatcher operating manuals.
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    \2\ The FAA has defined distance learning in FAA guidance as 
``learning that is accomplished by any training method not including 
an instructor and a gathering of trainees collocated in a 
traditional classroom''.
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    The comment period for the NPRM was originally scheduled to close 
on May 12, 2009. In response to requests, the FAA issued a notice (74 
FR 17910, April 20, 2009) extending the comment period until August 10, 
2009.

B. Summary of Comments

    The FAA received approximately 150 comments in response to the NPRM 
(with approximately 3,000 pages of detailed comments). The issues 
raised by commenters are discussed in more detail later in this 
document under the heading ``Discussion of Significant Issues.'' 
Commenters included industry organizations, unions, individual 
airlines, aircraft manufacturers, the NTSB, and individual members of 
the public. Many commenters, including Air Transport Association of 
America (ATA), Regional Airline Association (RAA), and individual 
airlines, raised the following general concerns with the NPRM:
     The FAA understated the impact of the NPRM on air carriers 
conducting training under an approved AQP.
     The FAA underestimated the number of FSTD periods required 
to meet flightcrew member training and evaluation requirements.
     The FAA did not adequately consider the impact of 
requiring a full crew for flightcrew member training and evaluation.
    Several unions representing pilots and flight attendants, and a 
professional organization representing dispatchers, generally supported 
most of the NPRM, although all submitted specific recommendations for 
change or clarification.
    In addition, the NTSB generally supported the NPRM. In its 
comments, the NTSB listed 13 open safety recommendations related to 
crewmember training and included an explanation of whether the NPRM 
addressed each of them.\3\
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    \3\ NTSB recommendations A-95-124, A-96-120, A-07-44, A-08-16, 
and A-08-17 also include operations conducted under part 135 or 
operations conducted under part 91, subpart K. Although the NPRM and 
SNPRM address NTSB recommendations for part 121 operators, the NPRM 
and SNPRM would not address these recommendations for part 135 
operations or part 91, subpart K operations.

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C. Need for Supplemental Notice of Proposed Rulemaking (SNPRM)

    Upon review of the comments, the FAA identified the following major 
issues that were not adequately addressed in the NPRM: the impact of 
the proposed rule on air carriers conducting training under an approved 
AQP; modification of training program requirements for flightcrew 
members based on an air carrier's operation of aircraft with similar 
flight handling characteristics; certificated aircraft dispatchers for 
certificate holders conducting supplemental operations; deviation 
authority to allow contract aircraft dispatchers; and training 
requirements for other operations personnel. Furthermore, the FAA 
determined that additional data and clarification was necessary 
regarding the development of the minimum programmed hours for 
curriculum categories and flightcrew member job performance task 
requirements for the initial and recurrent curriculum categories', the 
proposed frequency for conducting training; the level of FSTD required 
to meet the proposed training program requirements', and the interim 
requirements for air carriers transitioning from the requirements of 
subparts N, O, and P to the requirements of subparts BB and CC.
    In addition, the Airline Safety and Federal Aviation Administration 
Extension Act of 2010 was enacted on August 1, 2010. See Public Law 
111-216, Sec. Sec.  208, 209. Under this Act, Congress has mandated 
that the FAA issue a final rule with respect to this proposal within 14 
months after the date of the enactment of the Act. Congress also has 
required the FAA to conduct rulemaking to ensure that all flightcrew 
members receive ground training and flight training in the recognition 
and avoidance of stalls, and recovery from stall, and recognition and 
avoidance of upset of an aircraft, as well as the proper techniques to 
recover from upset. The Act also prescribes the development of remedial 
training programs for flightcrew members who have demonstrated 
performance deficiencies or experienced failures in the training 
environment. The FAA has included these requirements in the SNPRM. The 
FAA is providing the public an opportunity to comment on these 
additional requirements, as well as other changes from the NPRM.
    Because of the substantive changes and reorganization of the NPRM, 
the FAA is publishing the rulemaking proposal in its entirety in this 
SNPRM. These changes are discussed below. To facilitate review, the FAA 
has provided a distribution and derivation table in the docket, listing 
the current rule requirements, the sections as proposed in the NPRM, 
and where those requirements appear in the SNPRM.

D. General Overview of SNPRM

    This section provides a summary of the SNPRM and offers further 
explanation for the need for the proposed safety improvements. It also 
clarifies the impact of the proposal on air carriers conducting 
training under an approved AQP, as well as the interim requirements for 
operators transitioning from the training program requirements of 
existing subparts N, O and P to subparts BB and CC.
    The FAA has retained the structure of the rule as proposed in the 
NPRM, with minor changes. Each air carrier that currently trains under 
the requirements of subparts N, O, and P rather than through an 
approved AQP would be required to have an approved training program 
that meets the standards set forth in subparts BB and CC. As discussed 
later in this document, based on the FAA's analysis of six existing AQP 
carriers, on average, an AQP carrier may expect to add 5-6 flightcrew 
member training or evaluation tasks to its curriculum, assuming the 
carrier has not obtained approval of alternative means of compliance 
for the proposed tasks in subpart BB that are not currently addressed. 
The requirements for qualification, service and use of pilots, flight 
engineers, and flight attendants (including the training program 
requirements for each population) are set forth in subpart BB and 
appendices Q, R, and S. The requirements for the qualification, 
service, and use of aircraft dispatchers (including the training 
program requirements) and the training requirements for other 
operations personnel, are set forth in subpart CC and appendix T. The 
training program must include the task requirements that pertain to 
each certificate holder's particular operations for academic and job 
performance training and evaluation for the following curriculum 
categories: new hire, initial, transition, conversion, upgrade, 
emergency, differences, recurrent, requalification, and special. The 
task requirements for each air carrier would vary depending on the air 
carrier's particular operations. The academic and job performance 
training and evaluation tasks for these curriculum categories are set 
forth in the QPS appendix specific to each population. In addition to 
the curriculum categories, each training program must also include the 
personnel, facilities, equipment, and other resources used to meet the 
training requirements, as further outlined in subparts BB and CC.
    In the SNPRM, the FAA made one significant format change regarding 
the QPS appendices. Several commenters stated that including guidance 
information with the regulatory requirements made it difficult to 
determine which provisions in the appendices were required. To 
eliminate this confusion, the FAA has removed all of the non-regulatory 
informational sections from the QPS appendices and placed this guidance 
material in the following draft advisory circulars (ACs): Aircraft 
Dispatcher Training and Evaluation, Flight Attendant Training and 
Evaluation, and Flightcrew Member Training and Evaluation. In addition, 
the FAA also revised AC 120-53A, Guidance for Conducting and Use of 
Flight Standardization Board Evaluations, to address the new process 
set forth in the SNPRM for certificate holders seeking modification of 
their training programs based on operation of aircraft with similar 
flight handling characteristics, or as otherwise referred to in the 
SNPRM, related aircraft. These draft ACs are available for review in 
the docket.

E. Basis for the Rulemaking

    The safety need for this rulemaking is based on a review of 
accidents involving U.S. certificate holders required to train under 
part 121, NTSB recommendations regarding training requirements, and the 
resulting need to codify existing recommended practices contained in 
FAA guidance material that represent current industry practices. The 
FAA received several comments regarding the basis for the NPRM and this 
section provides additional clarification.
    As discussed in the NPRM, the leading causes of fatal accidents for 
U.S. air carriers over the last 20 years have been loss of control and 
CFIT. Human error was also a major factor in many of the accidents 
during this time period. This was most recently evidenced in the Colgan 
Air crash that occurred on February 12, 2009, when the pilot lost 
control of the aircraft after failing to follow appropriate procedures, 
resulting in the death of 45 passengers, two flight attendants, both 
pilots, and an individual on the ground. This rulemaking is necessary 
to address the training inadequacies the FAA identified in its accident 
analysis, as well as the multiple NTSB recommendations resulting from 
these accidents.
    In the NPRM, the FAA identified 169 accidents that occurred from 
1985 to 2004 that could have been mitigated if

[[Page 29341]]

the proposed enhanced training requirements had been in effect at the 
time of those accidents. Several commenters raised questions regarding 
whether this accident analysis included air carriers training under an 
approved AQP or accidents that had already been accounted for by other 
rulemaking actions. As a result of these comments, the FAA conducted a 
new accident analysis for the SNPRM. In this analysis, the FAA 
identified 178 accidents that occurred between 1988 and 2009 that were 
the result of inadequate training, incomplete operating manuals, and 
inadequate training standards and operating procedures. These accidents 
resulted in 492 fatalities, 196 serious injuries, and 615 minor 
injuries. This accident analysis does not include accidents by 
operators training under an approved AQP, or any accident that occurred 
while an air carrier was operating under the requirements of part 135. 
A detailed description of this analysis, and how it was conducted, is 
provided in section III.B.2 of the regulatory evaluation that is 
available for review in the docket.
    The NTSB investigation reports of these accidents revealed, among 
other issues, the following areas of training inadequacies: Recovery 
from stall, active pilot monitoring skills, effective CRM, CFIT, 
operations in icing conditions, contaminated runways, upset recovery 
and recognition, and special hazards training. The NTSB often noted 
that these issues were compounded further by incomplete manuals and 
inadequate standards and operating procedures. These accidents resulted 
in the NTSB issuing several recommendations for training program 
requirements. The changes proposed in the NPRM and SNPRM incorporate 
the applicable sections relevant to training from the following NTSB 
recommendations:
     Crewmember Resource Management (CRM) training 
(Recommendations A-88-71 and A-94-96);
     Flight attendant training (Recommendations A-92-67, A-92-
70, A-92-71, A-92-74, and A-92-77);
     Traffic Collision and Avoidance System Resolution Advisory 
(TCAS RA) training (Recommendation A-93-46);
     Use of simulators to conduct LOFT (Recommendations A-94-
191 through 194);
     Training of flightcrews to respond to sudden, unusual or 
unexpected aircraft upsets (Recommendation A-96-120);
     Training of crewmembers to respond to in-flight fires 
(Recommendations A-01-83 through A-01-85);
     Aircraft pressurization on the ground while the ground air 
conditioning source is supplying conditioned (cooled or heated) air to 
the cabin (Recommendation A-07-96);
     Monitoring of exit availability on the ground after a 
significant event to help expedite and emergency evacuation 
(Recommendation A-09-26);
     Communication and coordination between Flight Crewmembers 
and Flight Attendants regarding emergency and unusual situations 
(Recommendation A-09-27);
     Pilot monitoring duties (Recommendation A-10-10);
     Requirements for flightcrew member academic training 
regarding leadership (Recommendations A-10-13, A-10-14, and A-10-15);
     Pilot recordkeeping requirements regarding training 
performance (Recommendations A-10-17 and A-10-18);
     Develop and implement procedures to establish airspeed 
reference (Recommendation A-10-21); and
     Develop and conduct stall recovery training and provide 
stick pusher familiarization training for pilots of stick-pusher 
equipped aircraft (Recommendations A-10-22 and A-10-23).
    In the SNPRM, the FAA has included several provisions to respond 
directly to these NTSB recommendations. For example, the FAA has 
required training on certain new tasks for flightcrew member and flight 
attendant job performance and academic training. In addition, the FAA 
has enhanced the CRM training requirements, including leadership and 
command training for flightcrew members and requiring CRM training in 
initial, upgrade, and recurrent for flightcrew members.
    In addition to addressing the problems revealed in the FAA's 
accident analysis and NTSB recommendations, this rulemaking is also 
necessary to codify existing guidance material now contained in FAA 
Order 8900.1 (Sept. 13, 2007).\4\ This Order is available for review at 
https://fsims.avs.faa.gov/fsims/fsims.nsf. This order contains the 
primary guidance for FAA inspectors conducting oversight of air 
carriers. In drafting the proposed requirements for the NPRM and SNPRM, 
especially with regard to the minimum programmed hour requirements for 
curriculum categories, the FAA reviewed the sections in the Order 
pertaining to training and proposed to codify some of these recommended 
practices for all air carriers.
---------------------------------------------------------------------------

    \4\ This guidance material was previously contained in FAA 
Orders 8400 and was consolidated into FAA Order 8900.1.
---------------------------------------------------------------------------

F. Impact of SNPRM on AQP Operators

    This rulemaking principally affects air carriers training in 
accordance with the provisions of current subparts N, O, and P. Rather 
than train under the standards in subparts N, O, and P, an air carrier 
may elect to train under an approved AQP established in accordance with 
the provisions in subpart Y of part 121. AQP is an alternative method 
for developing training and testing materials for pilots, flight 
attendants, and aircraft dispatchers based on instructional systems 
design, advanced simulation equipment, and comprehensive data analysis 
to continuously validate curriculums. The NPRM and the SNPRM contain a 
number of AQP-based requirements, such as crew-oriented, scenario-based 
training, and mandated use of FSTDs. As noted in the NPRM, however, the 
FAA believed that current AQP training programs already met the safety 
improvements that were proposed in the NPRM, and thus air carriers 
training under an approved AQP would not be affected by the proposed 
rule. For this reason, the FAA originally estimated that the proposed 
revisions to subpart N and O would have minimal to no impact on air 
carriers currently operating under an approved AQP curriculum.
    Upon review of the NPRM, some commenters suggested that the FAA 
require AQP for everyone, while others suggested that the proposed 
revisions to the training requirements would require significant 
revision to their approved AQP.
    Although the FAA considers AQP to be an effective voluntary 
alternative for compliance with minimum training and qualification 
requirements, the FAA does not believe that it is appropriate to 
require all air carriers to train under AQP. As stated in the AQP final 
rule, the FAA recognized, and continues to recognize, that AQP may not 
be appropriate for every certificate holder. The AQP is a voluntary 
program established to allow a greater degree of regulatory flexibility 
in the approval of innovative training programs. Based on a documented 
analysis of operational requirements, a certificate holder under AQP 
may propose to depart from the traditional practices with respect to 
what, how, when, and where training and testing is conducted. Detailed 
AQP documentation requirements, data collection, and analysis provide 
the FAA and the operator with the tools necessary to adequately monitor 
and

[[Page 29342]]

administer an AQP. See 70 FR 54810, 54811 (Sept. 16, 2005).
    The FAA recognizes that some air carriers may not wish to incur the 
costs associated with an AQP. Such costs include additional personnel 
and management infrastructure to develop and facilitate the required 
data collection, analysis and application required under AQP. 
Furthermore, some air carriers may prefer the structured requirements 
of a traditional program to the analytically-driven AQP training 
program. Other air carriers that use contract training facilities may 
not find AQP to be a suitable alternative to traditional training 
requirements. The FAA also acknowledges that to get the most benefit 
from AQP data collection, a stable work force and route structure is 
necessary. Therefore, for those air carriers that have a higher 
turnover in their pilot ranks or conduct supplemental operations where 
the routes may vary, AQP may not be appropriate. Accordingly, in the 
SNPRM, the FAA is not proposing to require all certificate holders to 
operate under the AQP requirements in subpart Y of part 121.
    To determine the impact of the proposed rule on operators training 
under an approved AQP, the FAA conducted an analysis of six air 
carriers that are representative of those currently operating under an 
approved AQP. See FAA Technical Report, Sec.III, p. 12, App. B. The 
purpose of the analysis was to identify where the existing AQP pilot 
flight training curriculums for the representative fleets and operators 
(a) complied with the NPRM requirement, (b) had AQP-approved 
alternatives in place, or (c) did not address the NPRM requirement. For 
this analysis, the FAA used the criteria presently employed for AQP 
approvals. In addition to examining AQP curriculum content against the 
NPRM, the average AQP planned hours for each of the target curriculums 
were compared to the time required to accomplish the current 
requirements under part 121 appendices E and F and the time required to 
accomplish the proposed requirements under the NPRM. The FAA then 
examined the six carriers' programs to determine the time differences 
between the current AQP curriculums and the tasks proposed in the NPRM 
that were not currently addressed in those curriculums. Although the 
FAA recognizes that AQP carriers may propose alternative means of 
compliance for those tasks, for the purposes of this analysis, the FAA 
did not make any assumptions regarding any alternative proposals for 
those NPRM tasks not currently addressed in existing AQPs. The average 
amount of time required for accomplishing this analysis for each air 
carrier was 30 hours per fleet. For the results of these analyses, see 
Table 6 in the FAA Technical Report. Tables for all six AQP carriers 
are included in appendix B of the FAA Technical Report and summarized 
in Table 8. The tables in appendix B and the excerpt in Table 7 show 
the tasks in the proposed rule that presently have no approved AQP 
alternative method of compliance.
    Based on the FAA's analysis of six existing AQP carriers, on 
average, an AQP carrier may expect to add 5-6 tasks to its curriculum, 
assuming the carrier has not obtained approval of alternative means of 
compliance for the proposed tasks in subpart BB that are not currently 
addressed. Based on an estimate that each task may take anywhere from 2 
to 10 minutes to complete, a certificate holder conducting training 
under an AQP may be required to add anywhere from 10-60 minutes of 
training to its current program. Some of the tasks that may be added by 
an individual certificate holder training under AQP may not require 
evaluation (e.g., during both initial and recurrent curriculum 
categories the task ``slow flight'' is incorporated for training but is 
not subject to evaluation,) and some of the added tasks are 
incorporated within an existing and over-arching task (e.g., ``use of 
airport diagrams'' or ``acquire appropriate clearance before crossing 
or entering active runways'' are already covered under the existing 
task of ``taxi'').
    The FAA maintains its position in the NPRM that any additional 
task(s) that may be required of certificate holders training under the 
AQP would have a minimal, if any, impact on the length of the 
certificate holder's current approved AQP.
    In the SNPRM, the FAA has added language in Sec.  121.1202(e) to 
clarify the impact of the proposal on certificate holders with an 
approved AQP or those certificate holders applying for approval of an 
AQP. Certificate holders who have an approved AQP curriculum under 
subpart Y or have applied for approval of a training program under 
subpart Y before the effective date of the final rule would be required 
to submit the Qualification Standards Document required for AQP under 
14 CFR 121.909(b)(4). In the SNPRM, proposed Sec.  121.1202(e) would 
require the certificate holder to indicate in the Qualification 
Standards Document the specific provisions of subparts BB and CC that 
would be replaced by the AQP curriculum. The certificate holder would 
be required to provide a justification and a continuing process 
approved by the FAA to show how the AQP curriculum would provide an 
equivalent level of safety for the requirements in subparts BB and CC. 
The certificate holder would be required to submit the Qualification 
Standards Document no later than 5 years after the effective date of 
the final rule.

G. Transition From Current Training Program Requirements (Sec. Sec.  
121.1202 and 121.1402)

    To help transition non-AQP air carriers from the current 
regulations to the revised requirements for qualification, service, and 
use of crewmembers and aircraft dispatchers, the FAA proposed in the 
NPRM to continue the current regulations under subparts N, O, and P, 
for 5 years after the effective date of the final rule. The effective 
date of the final rule is 120 days after publication in the Federal 
Register. Certificate holders who have an approved training program 
before the effective date of the final rule or have submitted a 
training program for approval before the effective date of the final 
rule may comply with existing regulations, subparts BB and CC, or both. 
The proposed rule permits simultaneous compliance to allow the 
certificate holder to continue using its approved programs while 
transitioning to the new requirements. The FAA has maintained these 
provisions in the SNPRM.
    On the date the current regulations expire, all certificate holders 
who are not conducting training under an approved AQP, and all 
crewmembers and aircraft dispatchers who are not trained under an 
approved AQP, must be in compliance with the requirements of subparts 
BB and CC of part 121. Therefore, it will be necessary for certificate 
holders to begin training under subparts BB and CC in sufficient time 
to ensure that all crewmembers and aircraft dispatchers are trained, 
qualified, and meet the applicable look back provisions of subparts BB 
and CC before the expiration of the current regulations. Proposed Sec.  
121.1202 and Sec.  121.1402 would require certificate holders to submit 
a transition plan that specifies the transition completion date, which 
must be before the expiration of the current regulations.
    For example, during the transition period, the air carrier may 
decide to train all newly-hired crewmembers in accordance with the 
proposed rules, while continuing to train existing crewmembers under 
the current requirements. Individual crewmembers would be required to 
be fully in

[[Page 29343]]

compliance with the requirements of the existing regulations or with 
the proposed regulations. Another example would be when a certificate 
holder submits a training program for a new aircraft type after the 
effective date of the rule. The training program developed for this new 
aircraft type must be in compliance with and approved under proposed 
subparts BB and CC. However, the certificate holder would be allowed to 
continue conducting training and evaluation on aircraft in its existing 
fleet in accordance with the regulations in subparts N, O, and P within 
the 5-year transition period. A carrier could not ``cherry pick'' 
between the two sets of regulations for individual employees. Setting 
the effective date for 120 days after publication of the final rule and 
allowing use of the existing regulations for 5 years after this period 
provides existing certificate holders and the FAA time to smoothly 
transition to the new requirements. By using this approach, certificate 
holders seeking FAA approval for a new training program would not have 
to develop one training program to comply with the old regulations, and 
then develop another training program to comply with the new 
regulations.
    The SNPRM, like the NPRM, proposes that if a new training program 
is submitted for approval after the rule's effective date, the training 
program must meet the requirements of subparts BB and CC, as 
applicable. The FAA does not intend that non-significant modifications 
that may be proposed to a current training program under the existing 
regulations would require the certificate holder to initiate 
development of a training program to comply with subpart BB or CC any 
earlier than they had planned in accordance with their current business 
plan.
    The FAA has included a grandfather provision in proposed subpart BB 
to allow persons qualified for a crewmember duty position under the 
current rules to meet the requirements of the proposed rule without 
having to repeat certain categories of training they have already 
completed under the current rules. Proposed subpart CC contains a 
similar grandfather provision for aircraft dispatchers. For example, 
currently-qualified crewmembers and aircraft dispatchers would not have 
to repeat basic qualification, new hire, or initial curriculum 
categories, as applicable.
    During the transition, Sec.  121.1202(d) states ``the lesser 
qualification requirements apply for that duty position for that 
operation.'' If one crewmember hasn't yet been transitioned to subpart 
BB and one has, when they are working together on an aircraft, the 
``lesser'' operational requirement may be met. For example, current 
Sec.  121.455 requires the PIC to have had additional training before 
the crew lands at a ``special airport'' but the SNPRM requires both 
pilots to have had additional training before they land at a ``special 
airport.'' If the SIC was still being trained under the current 
requirements, the SIC would not have the additional training required 
under the SNPRM, but the airplane could land because the ``lesser'' 
operational requirement would be met.
    The NPRM did not specify when certificate holders must comply with 
proposed requirements that are outside subparts N, O, and P of part 
121. A commenter noted that the time frames specified in Sec. Sec.  
121.400, 121.431, and 121.1202 apply only to subparts N and O of part 
121, which do not contain the manual requirements. In the SNPRM, the 
FAA has clarified the dates of compliance for Sec.  119.65, Sec.  
119.67, Sec.  119.69, Sec.  119.71, Sec.  121.9, Sec.  121.125, Sec.  
121.126, Sec.  121.133, Sec.  121.134, Sec.  121.135, Sec.  121.136, 
Sec.  121.392, Sec.  121.465, Sec.  121.536, Sec.  121.537, Sec.  
121.540, Sec.  121.683, Sec.  121.684, Sec.  121.689, Sec.  121.690, 
Sec.  121.711, and Sec.  121.805.

III. Discussion of Significant Issues in SNPRM

    This section provides clarification of major areas of concern 
raised by commenters, introduces new requirements, and explains the 
significant revisions of requirements proposed in the NPRM.
    During the comment period, the FAA received several requests for 
clarification of the job performance training for flightcrew members, 
with specific regard to the training and evaluation task requirements 
and definitions in the NPRM, pilot monitoring skills, minimum 
programmed hours, frequency of training, availability of simulators as 
a result of the increased frequency, and the level of FSTD required to 
complete training. On April 7, 2009, the FAA held a public meeting to 
provide clarification. During the public meeting, participants from 
industry questioned the basis for the proposal and requested additional 
data to support the proposed changes. In the comments received after 
the public meeting, ATA and individual airlines requested additional 
information regarding the projected costs of the proposed requirements 
and how the tasks, based on the task definitions, could be accomplished 
within the proposed programmed hours.
    After the close of the comment period, the FAA determined it was 
necessary to gather additional data regarding (1) the number of 
simulator sessions, hours, and tasks required to accomplish the 
proposed flightcrew member training and evaluation requirements for 
both AQP and non-AQP air carriers; and (2) the impact of the proposed 
rule on carriers training under an AQP, as set forth in part 121, 
subpart Y. While the FAA primarily developed the FAA Technical Report 
to validate the cost and impact of the proposed training and evaluation 
requirements in the NPRM, throughout the process of developing the FAA 
Technical Report, the FAA determined that it was necessary to revise 
and clarify the training and evaluation requirements in the SNPRM. The 
FAA also held a meeting on December 8, 2009, with ATA and several 
member airlines to clarify the comments received during the comment 
period. A summary of this meeting is available for review in the 
docket. The following provides clarification of the job performance 
training and evaluation for flightcrew members.

A. Flightcrew Member Job Performance Training (Appendices Q and R)

1. Job Performance Task Requirements and Definitions
    The flightcrew member tasks that must be performed during job 
performance training and evaluation for the various curriculum 
categories are set forth in Table 3A of appendices Q and R of the NPRM 
and SNPRM. In the NPRM, the FAA also provided corresponding definitions 
for the tasks that provided additional instruction for completion of 
these tasks. Several commenters questioned the basis for the tasks, the 
frequency for accomplishing the tasks during recurrent training and 
evaluation, and how, based on the definitions, the tasks could be 
accomplished within the proposed minimum programmed hours for the 
curriculum categories.
    Upon review of the comments and based on the discussion on December 
8, 2009, the FAA, as part of the FAA Technical Report, conducted a 
comparison analysis of initial and recurrent curriculum categories task 
requirements for the current requirements and those proposed in Table 
3A of appendix Q of the NPRM and SNPRM. The FAA focused on these two 
curriculum categories because (1) the initial curriculum category 
contains the largest number of tasks for any curriculum category under 
both the

[[Page 29344]]

current rule and the proposed revisions, and (2) the recurrent 
curriculum category under the NPRM and SNPRM contains the largest cost 
because each flightcrew member is required to complete task 
requirements every 9 months.
    In the NPRM, the FAA proposed to require 8 hours of training and 
evaluation for pilots in recurrent job performance training. However, 
based on the results of the FAA's Technical Report, the FAA believes 
that all of the recurrent training and evaluation task requirements can 
be completed in less than the 8 hours set forth in the NPRM. The Actual 
Simulator Trial conducted as part of the FAA Technical Report 
demonstrated that the required tasks for a recurrent evaluation could 
be completed in 3 hours and 29 minutes. With all of the required 
``every nine month'' tasks \5\ having been completed during the 
recurrent evaluation, the FAA believes the requirements for the LOFT 
session could be accomplished in under 3 hours. In addition, during 
those recurrent training cycles that include an FFS course of 
instruction instead of an evaluation, depending on the number of 
required ``every nine month'' tasks accomplished during the FFS course 
of instruction, the FAA believes the LOFT also could be accomplished in 
3 hours.
---------------------------------------------------------------------------

    \5\ See table 3A in appendix Q and appendix R.
---------------------------------------------------------------------------

    In the SNPRM, the FAA has revised the minimum programmed hours for 
recurrent training from 8 hours (as proposed in the NPRM) to 6 hours. 
The FAA has not made a similar change to the programmed hours in the 
other curriculum categories (initial, transition, and upgrade) because 
flightcrew members who are newly hired or not yet qualified on the type 
of aircraft may require more repetition of the assigned tasks to become 
proficient.
    As identified in the FAA Technical Report, initial training under 
the current provisions of subparts N and O require training on 62 job 
performance tasks for pilots in command (PICs) and 56 job performance 
tasks for seconds in command (SICs). The NPRM proposed a total of 125 
job performance tasks for PIC and SIC initial training. In the SNPRM, 
the FAA has revised the abnormal and emergency procedures tasks, which 
now results in a total of 94 required tasks for initial training. These 
94 job performance tasks are based on a recodification of existing 
requirements in appendix E and H of part 121, NTSB recommendations, and 
standard industry practices. The FAA determined the standard industry 
practices by reviewing existing AQP training programs and non-AQP 
training programs. See FAA Technical Report, Table 2, p. 7. A detailed 
review of these training programs is provided in Appendices A and B of 
the FAA Technical Report.
    The FAA recognizes that some of the confusion regarding the 
proposed task requirements was a result of the proposed task 
definitions in attachment 4 of the Pilot and Flight Engineer QPS 
appendices. For example, for the task ``unannunciated abnormal 
procedures,'' some commenters interpreted the corresponding task 
definition as requiring training on all unannunciated abnormal 
procedures. For some aircraft, this might require training on 58 
different procedures. This is not what the FAA intended. The proposed 
definition was intended to allow a certificate holder to select a 
representative sample to ensure adequate exposure to these 
unannunciated abnormal procedures. To clarify the intent, the FAA has 
removed the flightcrew member task definitions and deleted attachment 4 
of appendices Q and R. The flightcrew member task definitions serve as 
more of a guide to certificate holders in tailoring the tasks in Table 
3A to the certificate holder's unique operations and are more 
appropriate as guidance material in the draft Flightcrew Member AC. As 
a result of deleting all of attachment 4, however, some tasks in Table 
3A required further specification and others required consolidation. As 
a result of this consolidation and reorganization, the FAA has adjusted 
the number of overall tasks from the current rule to the SNPRM in both 
initial and recurrent training and evaluation as follows: (1) From 62 
tasks for PICs and 56 tasks for SICs to 94 tasks for each in initial 
training; (2) from 34 tasks for PICs and 32 tasks for SICs to 54 tasks 
for each in initial evaluation; (3) from 36 tasks for PICs and 35 tasks 
for SICs to approximately 52 tasks (assuming equal distribution of 
those tasks that are required every 36 months) for each 9-month 
recurrent cycle that does not contain a recurrent evaluation and 
approximately 12 tasks (assuming equal distribution) for each recurrent 
cycle that contains a recurrent evaluation; and (4) 34 tasks for PICs 
and 32 tasks for SICs to 54 tasks for each in recurrent evaluation. See 
FAA Technical Report, Sec. III, Comparison of Current Rule, NPRM and 
SNPRM, Table 2, p. 7 (Apr. 5, 2010). The FAA clarified, modified, and 
added tasks for all curriculum categories to ensure that pilots develop 
the necessary skills to properly and safely perform routine functions. 
These include landing on contaminated runways, landing from a non-
precision approach, and performing visual approaches and landings 
without the aid of electronic or other glide path information. In 
addition, the FAA consolidated line environments, addressed in section 
13 of Table 3A of the NPRM, into other sections of Table 3A of the 
SNPRM to specifically require maneuvers in a particular environment. 
These revisions were necessary to eliminate confusion regarding the 
required tasks in Table 3A. The following provides a detailed 
explanation for the development of some of the significant proposed 
task requirements, as well as the task requirements prescribed by 
Public Law 111-216. In developing the tasks in Table 3A, the FAA 
recognized that loss of control is a major factor in aviation accidents 
involving a fatality. The FAA's proposal to revise requirements for 
recovery from approach to stall training in the NPRM would have 
addressed some of the causal factors in accidents where loss of control 
was identified. While the tasks currently required under appendices E 
and F for ``recoveries from approaches to stall'' remain a viable part 
of the training syllabus, the SNPRM now describes a requirement to have 
pilots newly qualifying on an airplane perform recoveries from a 
complete stall. There are three scenarios in which stalls generally 
occur: clean configuration (table 3A, task 5.2.1), takeoff and 
maneuvering configuration (table 3A, task 5.2.2), and landing 
configuration (table 3A, task 5.2.3). Under the proposed tasks, the 
flightcrew member would be required to complete two recoveries from 
stall for each scenario for initial and transition training, and one 
recovery from stall in each scenario for conversion, upgrade, and all 
phases of requalification training. For recurrent training and all 
evaluations, the flightcrew member would be required to complete one 
recovery from stall from one of the three scenarios. For flightcrew 
members operating aircraft equipped with stick-pusher, the recoveries 
from stall must be completed by going through stick-pusher release, 
regardless of the scenario selected. In addition to the job performance 
training for recovery from stall, the FAA also has proposed academic 
training. Under Table 2A, section (d)(10), air carriers will be 
required to provide training for special hazards, which includes 
recovery from a stall in the three scenarios.
    These proposed changes are supported by the NTSB final report 
(NTSB/AAR-10/01) on the Colgan Air

[[Page 29345]]

accident of February 12, 2009, and respond to the training requirements 
in Public Law 111-216, Sec.  208(a)(1)(A) (Aug. 1, 2010).
    The FAA also added tasks to ensure flightcrew members understand 
the performance and handling qualities of the aircraft they are flying. 
This would ensure that they are prepared to deal with situations such 
as ``jet upsets,'' ``CFIT,'' and ``icing conditions.'' Accordingly, in 
the SNPRM the FAA added the following tasks to the requirements in 
Table 3A of the Pilot QPS: task 5.6 ``Upset Recognition and Recovery,'' 
for initial and recurrent training and evaluation; task 5.14 ``CFIT/
Terrain Avoidance,'' for initial and recurrent training and evaluation; 
and task 5.15 ``Structural Icing when Airborne,'' for initial and 
recurrent training only. The FAA also added task 5.1 ``slow flight,'' 
for initial training, with recurrent training required every 36 months, 
to provide pilots with an understanding of the performance of the 
airplane and a ``hands-on'' exposure to the way the airplane handles at 
airspeeds that are just above the approach to stall warning. In 
addition, the FAA is also requiring academic training for these 
subjects. See Table 2A, (d)(1)-(11).
    The task requirement, ``taxi,'' is a current requirement in 
appendix E of part 121 and, as such, is included in training programs 
for flightcrew members. Upon review of several accidents, including 
accidents in August 2006 (NTSB/AAR-07/05, NTSB Recommendation A-07-44) 
and August 2005 (NTSB Event ID CHI05LA238), the FAA determined that it 
was